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20121209
20121209
Search Results 0 to 3 of about 4 (some duplicates have been removed)
to consider choosing and two prop 8 ones. they have one doma and one prop 8. >> what's fascinating, this is a court that has avoided this issue. it's been pathological. everyone in lawrence v. texas, the opinion was distorted in my ways because of a clear effort not to say anything that would have baring on the same-sex marriage issue. suddenly, they take two issues with the broadest possible front. the question is, what are they going to do and whether they are going to reach an impasse. if there's an impasse, sometimes they go for narrow decisions. there are outs in these cases. both cases have standing issues. questions of whether these are the party that is have a right to bring this type of challenge. the standing issues are particularly prominent in the doma case. the proposition 8 case probably offers the broadest scope for a major ruling. what people, many people hope, is that that would be the case where the court says this violates equal protection. you can't deny these people the same rights of marriage. if it were to do that, then it would effectively set aside 31 state
or doma. the cases aren't expected to be decided until next june, the fact that they're weighing in on the debate will have a national effect. back at the table. kenji yoshino. donna edwards, bob herbert and joining us is ray kerry. the executive director of the guy and lesbian task force. i'm going to you kenji, you're always here to set my constitutional framework for me. it's going to be two cases, right? what's at issue in the two separate cases. >> i should do them in the order you presented them. the prop 8 case is about a state ban on same-sex marriage. so there are equal protection and due process challenges. what that means is, this violates the fundamental right of fairness of streeting gay and straight couples the same. you're denying us the fundamental right to marriage. there's a quality component and a rights component to it. if the supreme court goes big on that case, it could guarantee same-sex marriage as a law of the land. flipping the 41 states that currently don't have it and requiring them to have it. i don't think that's going to happen. on the other hand, i
Search Results 0 to 3 of about 4 (some duplicates have been removed)